A case for legalizing brothels? : an evaluation based on comparative law

Abstract

The world's oldest profession seems to defy obsolescence. The methods by which foreign countries govern prostitution run the range from total abolition, where prostitutes may even receive the death penalty, to decriminalization and to regulation, where prostitutes are permitted to form unions and where brothels have even been listed on the stock exchange. Since prostitution has stood the test of time, should it at least be regulated? Should brothels be legalized? What are the advantages and the disadvantages of legalized brothels? How are foreign jurisdictions, within Europe and outside Europe, dealing with the issue of brothels? Is it time to amend the local law? These are some of the issues which this writing deals with. Whilst focusing principally on brothels, this comparative evaluation delves into foreign jurisdictions' legalization of prostitution or otherwise, including issues such as zoning, advertising, licensing, mandatory medical health checks etc. The author's interest in the subject spurred from the stance that since prostitution is a ubiquitous occurrence which has existed since time immemorial, it would be a lesser evil to have it regulated, especially in light of the fact that eradication has been unsuccessful. An unregulated market tends to be fertile ground for organized crime and hence brothel legalization, when juxtaposed to other models of prostitution such as street walking, could help to reduce undesirable consequences such as sexual slavery, sexually transmitted diseases, criminal operation and tax evasion.